In United States v. Dunn, No. 22-11731 (Oct. 10, 2023) (Jordan, Rosenbaum, Hull), the Court affirmed the denial of Mr. Dunn’s motion to dismiss his indictment.

Mr. Dunn was arrested on a criminal complaint at the start of the COVID-19 pandemic–on March 10, 2020–but was not formally indicted until December 1, 2020.  He argued that the district court erred in denying his motion to dismiss his indictment for failure to indict him within 30 days from his arrest–as required by the Speedy Trial Act.

The Court found that the pandemic-related continuances in 2020–that continued grand jury sessions five times in the ends of justice spanning March 26, 2020 to November 16, 2020–were not an abuse of discretion and were within the ends-of-justice exception to the Speedy Trial Act.